Balancing Articles 8+10 Cases Flashcards
A claim can be brought against newspapers under horizontal effect
Douglas v Hello
Basis of procedure to get to court
Court must act in a manner compatible with both parties’ convention rights
Campbell v Mirror
Basis of claim and procedure
Court should develop action for breach of confidence in such a manner as it will give effect to both Article 8 and 10 Rights
Douglas v Hello
Basis of claim
Duty of confidence established. Law imposes duty where person receives information which is confidential
Campbell v Mirror
Threshold test
Campbell v Mirror
Is there a reasonable expectation of privacy such as to engage article 8?
Has there been a breach of confidence?
Ordinary acts can still be private especially where children are involved
Murray v Express Newspapers
3) of threshold test
Has there been a breach a confidence
No photography without consent or at least no publication without consent
Campbell v Mirror
4 of threshold test
Has there been a breach of confidence
Where human rights are engaged, the court will apply this to balance conflicting rights
Bank Mellat Test
Proportionality
Proportionality of interfering with one right has to be balanced against the proportionality of restricting the other
Baroness Hale in Campbell
Where two convention rights are engaged
How the courts will balance conflicting rights
Newspapers will argue that there is a setting the record straight issue
Campbell v Mirror
Proportionality test
Baroness Hale in Campbell
Guidelines for balancing rights
A public figure’s sex life will be private and disclosure of details must be linked to debate of general interest
Mosley
Guidelines for balancing rights
A parent can object to another parent taking pictures of their child in any public place without their consent
Reklos
Additional case law
An injunction can be awarded to stop newspapers from printing photos which had been posted on FB
Rocknroll v news group newspapers
Additional case law
